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British Columbia Grapples With Evidentiary Issues and the Requirement for a Workable Methodology

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The evidentiary burden on plaintiffs to have a case certified­—i.e., the “some basis in fact” standard—has been described as a “low bar” in countless cases. Plaintiffs cite the “low bar” in trying to certify their cases, and...more

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B.C. Supreme Court Denies Certification of Contested Common Issues in Mentor Breast Implant Litigation

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In Bosco v Mentor Worldwide LLC, 2024 BCSC 1931, the plaintiffs alleged that Mentor's silicone gel-filled breast implants, MemoryGel, caused adverse health effects, including connective tissue disorders (CTDs) and autoimmune...more

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Ontario Superior Court States Clear Rule on Pre-Certification Production of Medical Records in Class Actions

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On March 20, 2015, Justice Belobaba released his reasons in Dine v Biomet, a motion concerning the production of medical records prior to a certification motion. The case is a proposed product liability class action...more

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A Change of Pace for Product Liability Class Actions: Certification Denied in Two Recent Cases

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Oft-referred to as “quintessential class actions”, the majority of product liability actions that have sought certification as class proceedings in the last 10 years have been granted certification. However, two recent...more

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